Notice of adverse decision
While reviewing a worker’s complaint, the Commission found there had been some unfairness in the decision-making process regarding the termination of the worker’s Labour Market Re-entry (LMR) program. The Sector Director and the Assistant Director met with the Commission to review the unfair practice and explore opportunities for preventing a similar occurrence in the future.
As a result of discussing the complaint, the Director indicated he planned to review two important messages with his teams:
- The importance of providing adequate notice and rationale for decisions:
The party affected by an adverse decision must not be surprised when receiving a written decision, and must be given an opportunity to provide new information for reconsideration.
- The importance of case conferences:
When a Claims Adjudicator is new to the file, or disagrees with an LMR provider’s recommendation, the Claims Adjudicator is expected to consult with the previous Claims Adjudicator or their Manager before making an adverse decision.
While not excusing the service problems that occurred in this case, the Director and Assistant Director noted that workload issues were part of the problem and the Commission agreed to track and convey these workload issues in the Commissioner’s next quarterly report.